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To Settle or Not to Settle?: That Is the Question |
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Now that most states have formulas for determining child support, there is little mystery about the outcome if you were to have a judge decide instead of settling out of court. If you are the custodial parent and your spouse is not willing to meet the state's guidelines during negotiation, why should you settle? Most of the time, of course, you shouldn't. But there are exceptions. The following are some important reasons for agreeing to less support than the state's guidelines might otherwise allow: |
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More certainty that you can collect the support. Most parents will pay what they can afford and especially what they have agreed to pay. In contrast, when they fall hopelessly behind or a judge orders them to pay more than they can afford, they often default, and it's a lot harder to collect. |
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Add-ons. If you agree to a child support figure that is less than the formula, you may be able to get your spouse to add on other items. Maybe the law of your state doesn't obligate a parent to pay for after-school activities, camp, or even college. You might be willing to accept less child support than the formula provides if your spouse will pick up some of these items. |
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Ease of modification. If a judge decides your case and a year later your former spouse gets a big raise, you would have to go back to court to get an increase in child support, and you might not win. Also, you might have to pay legal fees. On the other hand, if you negotiate, you can include a provision in your agreement that obligates your spouse to increase the child support if he or she gets a raise. You've saved yourself legal fees and headaches. It may be worth it to take a little less than the formula for one or two years knowing you'll get an increase down the road without the hassle of returning to court. |
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Exception to the formula. Remember, there are usually hardship provisions to the law that make the formula inapplicable. If your spouse demonstrates to a judge that hardships exist, the judge may not apply the formula. If that situation is a possibility for you, negotiation might be in your best interest. |
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Likewise, if you are the noncustodial parent, negotiating might be best for you because: |
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Your spouse might agree to less than the guidelines allow. |
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You have more say over what your financial needs are and can try to tailor the agreement to your situation. |
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You can modify the agreement to state that if your income decreases by a certain amount, your child support payments can be reduced accordingly. |
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